Retailer Fined Rs 26K For Charging Rs 10 For Carry Bag; Know How You Can File Consumer Complaints

Retailers charging consumers extra money for carry-bags have been an ongoing battle witnessed in the consumer courts. The practice goes back to when plastic carry-bags were banned as per the Plastic Waste (Management and Handling) Rules, 2011. Soon, shops and consumers were seen carrying eco-friendly bags that came along with a cost or a branded carry bag. Even though many customers know that it is illegal for brands to charge them over carry bags, which especially carry their brand tags, many let it slide due to either helplessness or the lengthy procedures that follow in the consumer courts. However, it becomes essential to understand your right as a consumer and how the court enables a space where one can take their grievances.

Recent Most Win At Consumer Court

The recent most incident of retailers engaging in unfair trade practices saw Jaspreet Singh of Panchkula being charged for a carry bag at the 24 Seven Store on multiple occasions. Singh had purchased several grocery items worth ₹1,250 on November 2021 and was surprised to see the store charge him an additional ₹10 for the carry bag. However, he was compelled to buy the carry bag. Later, on March 2022, he was charged ₹20 for a cotton carry bag that carried the store logo - 24 Seven.

Singh requested free carry bags but was refused. He also conveyed to the store manager that he could not be legally charged extra for the paper bags. After several failed attempts, Singh served a legal notice to the opposite party and requested them to refund the cost of the carry bag. According to a report by the Indian Express he filed a complaint at the consumer commission, and the proceedings were carried on ex parte vide order dated October 14, 2022.

As the other party failed to appear before the court, the commission observed that "This act of the OP draws an adverse inference against it and proves that it has nothing to say in its defence qua the allegations made by the complainant. Hence, in the absence of anything to the contrary, the allegations of the complainant go unrebutted and uncontroverted." With this, the store was proven to have indulged in unfair practices and was directed to refund the consumer. The refund was calculated with the costs of the two carry bags, ₹100 as compensation, ₹1,100 as litigation expenses, and also a ₹25,000 into the "Consumer Legal Aid Account."

How To File A Case?

If found to have been subjected to a consumer right violation, a person can file a complaint in a consumer forum/court. If charged unfairly for a carry bag, the consumer should ensure that they carry a bill for the bag they paid for along with the carry bag as evidence. The consumers can then approach the consumer forum themselves or engage a counsel to obtain a refund and compensation.

You could visit your nearest consumer court and submit the necessary documents to file a case. Alternatively, you could register a consumer complaint through the government's online portal for consumer grievances (https://consumerhelpline.gov.in/). The grievance redressal system run by the Consumer Coordination Council and the Department of Consumer Affairs, Government of India, requires just a few steps to file a case against a seller.

You first have to register on the site with basic information such as name, email, address, and phone number. Once registered, the website would take you through a series of sections where you can address your concern, enter details of people involved in the trade practice, and supporting documents. After submission, the website would assign an electronically generated number through which the consumer can track the status of the complaint until it is resolved.

Also Read: Consumer Rights! Know How This Bengaluru Man Gets Refund After Being Forced To Buy Branded Carry Bag